Going to court for contemp--help!

[outofmoney]

What is the name of your state? OH

My ex told me that she's suing me for $30,000 in medical bills for the past 3 years. She said that her attorney's filing the paperwork this week. Our divorce degree says that I pay 100% of the medical bills & she should give me receipts to reimburse her withing a reasonable amount of time (no date specified.)

3 years ago, she gave me a few bills & I paid 50% because at the time she said she would split them 50/50 because of my child's serious medical decision. After that, I received a bill for $2000, and I called the hospital to see why they didn't submit it to insurance (which was on her step-father's policy.) The hospital said they did & the insurance reimbursed the step-father, but they never received payment. I told my ex-wife this, and I no longer received bills.

About 1 1/2 years ago, both of my kids showed up for a visit with braces. A few months after that, she said that I owed her $15,000 (at that time) and she wanted it added on to child support as arrearage. I told her that I haven't received any receipts. She said she would get them for me, but when I asked other times, she said she was still getting them ready.

About a month ago, she called me to see if I would hire a lawyer to add $15,000 on the child support & that she claim the kids on taxes every year to make things even (currently I claim them since I'm current on child support.) I told her that I never received any receipts from her, and I don't know what her and her husband was reimbursed also. She said that if I didn't agree, she was meeting with an attorney & suing me for the full $30,000 amount. She said that her attorney told her that since I adopted a child more than 3 years ago, the judge will side with her more because my 1st family always comes first.

I don't really think she's paid these bills, so do you think I'll be $30,000 in arrearage now? Any advice or even ideas on settlement? I pretty much figure that since I can't prove she didn't give me the bills I'll be paying for the rest of my life. I'll be representing myself pro se.

 

[amberlea434]

What is the name of your state? OH

My ex told me that she's suing me for $30,000 in medical bills for the past 3 years. She said that her attorney's filing the paperwork this week. Our divorce degree says that I pay 100% of the medical bills & she should give me receipts to reimburse her withing a reasonable amount of time (no date specified.)

Is that exactly what your decree says?

3 years ago, she gave me a few bills & I paid 50% because at the time she said she would split them 50/50 because of my child's serious medical decision.

Your decree says you're responsible for 100%. You should have paid 100%.

After that, I received a bill for $2000, and I called the hospital to see why they didn't submit it to insurance (which was on her step-father's policy.) The hospital said they did & the insurance reimbursed the step-father, but they never received payment. I told my ex-wife this, and I no longer received bills.

Did Mom tell you she paid the $2000? Did you receive a receipt from her? Are you responsible for providing insurance for the children?

About 1 1/2 years ago, both of my kids showed up for a visit with braces. A few months after that, she said that I owed her $15,000 (at that time) and she wanted it added on to child support as arrearage. I told her that I haven't received any receipts. She said she would get them for me, but when I asked other times, she said she was still getting them ready.

Did she ever send them?

About a month ago, she called me to see if I would hire a lawyer to add $15,000 on the child support & that she claim the kids on taxes every year to make things even (currently I claim them since I'm current on child support.) I told her that I never received any receipts from her, and I don't know what her and her husband was reimbursed also. She said that if I didn't agree, she was meeting with an attorney & suing me for the full $30,000 amount. She said that her attorney told her that since I adopted a child more than 3 years ago, the judge will side with her more because my 1st family always comes first.

If she didn't provide you with the receipts, you're not required to reimburse her.

I don't really think she's paid these bills, so do you think I'll be $30,000 in arrearage now? Any advice or even ideas on settlement? I pretty much figure that since I can't prove she didn't give me the bills I'll be paying for the rest of my life. I'll be representing myself pro se.

The burden is not on you to prove that she didn't send you the bills. The burden is on HER to prove she DID send you the bills. My husband went through a similar ordeal with his ex and the judge told her how could my husband possibly reimburse her for something that she never even sent? If your court order doesn't have a time limit on sending bills, I suggest you get it put in there to avoid future problems. It's pretty standard to have Mom submit copies of receipts/bills to you within 10-15 days after a doctor visit and giving you 30 days to reimburse your share.

 

[OhReally?]

What is the name of your state? OH

My ex told me that she's suing me for $30,000 in medical bills for the past 3 years. She said that her attorney's filing the paperwork this week. Our divorce degree says that I pay 100% of the medical bills & she should give me receipts to reimburse her withing a reasonable amount of time (no date specified.)

3 years ago, she gave me a few bills & I paid 50% because at the time she said she would split them 50/50 because of my child's serious medical decision. After that, I received a bill for $2000, and I called the hospital to see why they didn't submit it to insurance (which was on her step-father's policy.) The hospital said they did & the insurance reimbursed the step-father, but they never received payment. I told my ex-wife this, and I no longer received bills.

About 1 1/2 years ago, both of my kids showed up for a visit with braces. A few months after that, she said that I owed her $15,000 (at that time) and she wanted it added on to child support as arrearage. I told her that I haven't received any receipts. She said she would get them for me, but when I asked other times, she said she was still getting them ready.

About a month ago, she called me to see if I would hire a lawyer to add $15,000 on the child support & that she claim the kids on taxes every year to make things even (currently I claim them since I'm current on child support.) I told her that I never received any receipts from her, and I don't know what her and her husband was reimbursed also. She said that if I didn't agree, she was meeting with an attorney & suing me for the full $30,000 amount. She said that her attorney told her that since I adopted a child more than 3 years ago, the judge will side with her more because my 1st family always comes first.

I don't really think she's paid these bills, so do you think I'll be $30,000 in arrearage now? Any advice or even ideas on settlement? I pretty much figure that since I can't prove she didn't give me the bills I'll be paying for the rest of my life. I'll be representing myself pro se.

Unless you know EXACTLY what you are doing and know exactly where to go to get relative case law and also state statutes, you might really want to consider AT LEAST consulting an attorney.

You really need to rely on the language in your order and have her PROVE she provided you copies of what was owed within a "reasonable amount of time" -- and that vague/broad language will be key to find case law to see what courts in your state have stated what they consider "reasonable amount of time." I highly doubt they would see 3 years as such time, but you just can't wing it.

You need to compile as much documentation as possible to prove she never provided you copies. You will need to do discovery and request EOB's and then receipts, canceled checks et al for all services rendered for the children, plus names and complete contact info for all medical professionals who have cared for the children during this time.

You will also need to detail any and all conversations you had with her regarding arrangements you made and what happened after that. As far as cosmetic stuff (braces), does your order state that she is to consult you on issues like this?? Braces are really considered a medical necessity. If she is to consult you on this and she did not and went ahead and did them, then you need to rely on that language in the order and motion the court that she pretty much suck up the entire cost.

If you feel like you can handle this, when you respond to the motion, DO NOT BE AFRAID TO MOTION THE COURT TO DISMISS THE ACTION and to tax her for ALL costs associated with this motion and for her to be responsible for her own attorney's fees.

 

[beachykeen]

I had a similar experience a few years ago. We were in court for a downward modification, and CP tried to say I owed a sum of 1,000 dollars for braces several years after the fact. No bills or receipts were ever sent to me to be paid, and the CP didn't even have adequate proof in court for the actual cost and payments made. The request for payment was denied by the judge.